Planning Commission — Thursday, August 12, 2021

Memorandum STAFF REPORT TO: Planning Commission FROM: Community Development Department Prepared by: Victor Fernandez, Associate Planner DATE: July 21, 2021 RE: Jerusalem Grade Farms * Major Use Permit (UP 20-13) * Initial Study (IS 20-15) * Early Activation (EA 20-16) Supervisor District 1 - Supervisor Simon Planning Commissioner - Commissioner Hess ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Agency Comments 4. Proposed Conditions of Approval 5. Proposed Site Plans 6. Initial Study 7. Biological Assessment I. EXECUTIVE SUMMARY The applicant is requesting approval of Major Use Permit for commercial cannabis cultivation (the cultivation of commercial cannabis includes the planting, growing, harvesting, drying, curing, grading, trimming, and/or any combination of those activities, including processing) located at 22644 Jerusalem Grade Road, Middletown, California, further described as Assessor Parcel Number (APN): 136-051-04. The applicant's proposal will include the following: * One (1) A - Type 3 "Outdoor" license: Outdoor cultivation for adult use cannabis without the use of light deprivation and/or artificial lighting in the canopy area at any point in time from 10,001 square feet to one acre, inclusive, of total canopy size on one premises. o The total proposed cultivation canopy is approximately 43,560 square feet located within 45,560 square feet of cultivation area. * One (1) Type 13 "Distributor Transport Only, Self-Transport Distribution" license: The transport of medicinal cannabis goods between entities licensed pursuant to California Code. * One (1) 200 square foot storage shed. * Two (2) 2,500-gallon water tanks. * Four (4) 1,000-gallon water tanks (one being steel/fiberglass for State Responsibility Area fire suppression.) * One (1) 25'X50' Processing Building (Activities in building would include drying, trimming, and curing). Security and Access The property is accessed by a private driveway, off of Jerusalem Grade Road, that leads to where the existing home is located which will also be the location of the cultivation site. The access driveway is approximately 503' in length from the entrance to the property to the cultivation site (road is very flat). The property is currently equipped with a security gate at the entrance of the parcel. The gate will be locked outside of core operating/business hours (8 am to 6 pm) and when project staff is not present. The gate will be secured with a heavy-duty chain, commercial grade padlock and a Knox Box to allow 24/7 access for emergency services. Additionally, the project will implement a dedicated loading area in the proposed parking lot where commercial cannabis will be loaded to transport offsite (Under Type 13 Self-Transport Distributor license". The project will utilize unmarked transport vans to transport product off premises and will be in compliance with all California Cannabis Track and Trace requirements (See Attachment 4, Item 15). The cultivation area will be conducted within an enclosed area secured by a fence approximately six (6) feet in height. The fence will be screened with a privacy mesh, which will help reduce visibility into the cultivation site from the surrounding area. The project will be equipped with security cameras that will monitor the entryways of the property, cultivation areas, and processing facility, and the perimeter of the cultivation area. Water Source and Usage The cultivation operation will use water from an existing and permitted groundwater well (Permitted through the State of California Department of Water Resources). The State of California Department of Water Resources Well Completion Report identified the existing well produces approximately 100-gallons per minute. However, a Production Verification Test Report produced by Jak Drilling & Pump dated November 17, 2020 was provided to Community Development Department. The report identified that the well produces at approximately 70-gallons per minute. Upon the completion of the 4-hour production test, the well was then allowed to recharge which the well had recharged to 96% in less than two hours. The water will be pumped and stored into four (4) 1,000-gallon water tanks using irrigation lines. The water will then fed to the plants using a drip irrigation system composed of PVC piping, black poly tubing, and drip lines. The water tanks will be equipped with float valves to prevent overflow and runoff of irrigation water when full. The project is estimated to use 746,740-gallons per year for the outdoor commercial cannabis cultivation operation. With the existing well producing approximately 70-gallons per minute, the estimated yield the well would produce in a year is approximately 44,214,705-gallons per year. The proposed project will be utilizing approximately 1.6% percent of the well's full capacity. Additionally, a condition of approval has been added to Attachment 4 that requires the production well to have a meter to continuously monitor the water level of the well. With the meter continuously monitoring the water level, this will allow the applicant to provide data on the amount of water pumped. The applicant will be required to maintain a record of all data collected and shall provide a report of the data collected to the County annually. The water use calculations submitted by the applicant are below: Fertilizer and Chemical Usage The proposed project will use organic pest control and fertilizers. All fertilizers, pesticides, and other hazardous materials proposed will be stored in their manufacturer's original containers and placed within secondary containment. Cannabis waste will be chipped and dispersed on site. Additionally, the pesticides and fertilizers will be located a minimum of 100 feet from all surface water, which includes the unnamed seasonal creeks identified on the property. Operation The facility will be open Monday through Saturday, 8:00 AM to 6:00 PM. Deliveries and pick-ups will occur during this time-frame. Additionally, visits will only be allowed when specific permission is granted. The cultivation operation will require up to 2 full time employees, however, the number of employees may fluctuate depending on the growing season (Max employees would be 4). 4290 Emergency Access In reference to Public Resources Code, Section 4290/4291, the regulations have been prepared and adopted for the purpose of establishing minimum wildfire protection standards in conjunction with building, construction and development in the State Responsibility Area (SRA). In addition, these measures provide for emergency access; signing and building numbering; private water supply reserves for emergency fire use; vegetation modifications, etc. The proposed operation consists of an all outdoor cannabis cultivation operation. A 10-foot wide bridge is used to cross to the project site. The access road shall be compliant with Public Resources Code 4290/4291 prior to use of structures and/or construction of structures in order to be compliant with the emergency access. (Please see Attachment 4, Section A, Item 4). Proposed Site Plans and Cultivation Area Staff is recommending approval of Major Use Permit, UP 20-13 and the adoption of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 20-15) with the incorporated Mitigation Measures and Conditions of Approval. II. RECOMMENDATION Staff recommends the Planning Commission take the following actions. A. Adopt Mitigated Negative Declaration (IS 20-15) for Major Use Permit (UP 20-13) with the following findings: 1. Potential environmental impacts related to aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1. 2. Potential air quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1, AQ-2, AQ-3, AQ-4, AQ-5, AQ-6, AQ-7, and AQ-8. 3. Potential environmental impacts related to cultural and Tribal resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1, CUL-2, CUL-3, CUL-4, CUL-5, CUL-6, CUL-7, and CUL-8. 4. Potential biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-5, BIO-6, and BIO-7. 5. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1, GEO-2, GEO-3. 6. Potential hazards hazardous materials can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1, HAZ-2, and HAZ-3. 7. Potential hydrology and water quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1, HYD-2, and HYD-3. 8. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1, NOI-2, and NOI-3. 9. Potential transport impacts can be mitigated to less than significant levels with the inclusion of mitigation measures TRANS-1 and TRANS-2. 10. This project is consistent with land uses in the vicinity. 11. This project is consistent with the Lake County General Plan, Middletown Area Plan and Zoning Ordinance. 12. Any changes to the project will require either an amended Use Permit or a new Use Permit unless the Community Development Director determines that any changes have no potential environmental impacts. 13. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 20-13 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Upper Lake/Nice Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. 8. The applicant is qualified to make the application described in Chapter 21, Article 27, Section 1.ii.(g). 9. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii.(i). Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Major Use Permit (UP 20-13) applied for by RMI Venture on property located at 22644 Jerusalem Grade Road, Middletown, further described as APN: 136-051-04 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be approved with the findings listed in the staff report dated July 21, 2021. Major Use Permit (UP 20-13) I move that the Planning Commission find that the Major Use Permit (UP 20-13) applied for by RMI Venture on property located at 22644 Jerusalem Grade Road, Middletown, further described as APN: 136-051-04 does meet the requirements of Section 51.4 and Article 27, Section 1 [i,ii(g),i(ii)] of the Lake County Zoning Ordinance and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated July 21, 2021. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.

Memorandum STAFF REPORT TO: Planning Commission FROM: Carol J. Huchingson, Interim Community Development Director County Administrative Officer Michael Taylor, Assistant Planner DATE: August 12, 2021 SUBJECT: Paul Bernacchio; Major Use Permit (UP 20-73) Categorical Exemption (CE 20-24). ATTACHMENTS: 1. Site Photos-Existing Development 2. Project Description and Supplemental Data 3. Proposed Site Plans 4. Agency Comments/Correspondence 5. Conditions of Approval 6. Elevation Certificate I. EXECUTIVE SUMMARY The applicant is a requesting approval of a Major Use Permit to allow retail sales of cannabis products, pursuant to Article 18 of the Lake County Zoning Ordinance. The proposed use will operate within an existing 1,783 square foot building. The operating hours will be 10 AM to 6 PM, 7 days per week, with 3 employees per normal shift and 5 employees per peak shift. The applicant anticipates 10 customers per day, and 35 deliveries per week. To protect the public safety and health and the community's comfort, all the visitors will go through a check-in process at the store security foyer before entering the sales area. Also, the project areas including parking lot will be under the supervision of trained security personnel during operating hours and surveillance cameras at all hours. The construction Schedule will begin on the interior and exterior improvements once the permit is obtained. II. RECOMMENDATIONS Staff recommends that the Planning Commission take the following Actions: A. Adopt Categorical Exemption (CE20-24) for UP20-73 with the following findings: 1. The project is consistent with CEQA Categorical Exemption, Class 1 (Existing Facilities), which consists of the operation, repair, maintenance, and permitting, leasing, licensing, or minor alteration of existing of public or private structures, facilities, mechanical equipment or topographical features. 2. This project is consistent with the Lake County General Plan, Shorelines Communities Area Plan and Zoning Ordinance. 3. The project is consistent with land uses in the vicinity. 4. This project will not result in any significant adverse environmental impacts. B. Approve Major Use Permit, UP20-73 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. 5. This project is consistent with the Lake County General Plan, Shoreline Communities Area Plan, and Lake County Zoning Ordinance. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and. Sample Motions: Categorical Exemption (CE20-24) I move that the Planning Commission find the Major Use Permit (UP20-73) applied for by Paul Bernacchio on property located at 6914 Frontage Road, Lucerne, California 95458 further described as APN: 006-411-03 is exempt from the California Environmental Quality Act, Categorical Exemption Class 1 �15301 based on the findings set forth in Staff Report dated August 12, 2021. Major Use Permit (UP20-73) I move that the Planning Commission find that the Major Use Permit (UP20-73) applied for by Paul Bernacchio on property located 6914 Frontage Road, Lucerne, California 95458 further described as APN: 006-411-03 does meet the requirements of Section 51.4 and Article 18 of the Lake County Zoning Ordinance and the Major Use Permit be granted subject to the conditions and with the findings listed in the Staff Report dated August 12, 2021. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.